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Search Results for "seafarer"

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Supreme Court

Supreme Court Allows Appeal and Reinstates Arbitral Award in Manning Agreement Dispute Over Vessel Grounding Penalty. Arbitrator Held to Have Jurisdiction to Interpret Contract and Invalidate Ouster Clause Under Section 28 of Indian Contract Act, 1872, with Limited Judicial Review Under Section 37 of Arbitration and Conciliation Act, 1996.

23 Mar 2026

The dispute originated from a Manning Agreement dated 26.12.2008 between appellant and the (respondent) for manning 17 vessels. On 06.07.2009, the ves...

High Court

High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

24 Dec 2025

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

High Court

Bombay High Court Allows Employer's Appeal in Workmen's Compensation Case — Remands for Fresh Determination on Disability and Wages. Commissioner's order set aside for failure to consider relevant evidence and apply correct legal principles under Workmen's Compensation Act, 1923.

5 Jan 2024

The appeal was filed by the Shipping Corporation of India Limited, the employer, under Section 30 of the Workmen's Compensation Act, 1923, challenging...

High Court

Bombay High Court Allows Priority Payment of Crew Wages and Expenses as Sheriff's Expenses from Sale Proceeds of Arrested Vessel. The court held that wages paid to crew members and expenses incurred by P&I Correspondent for necessities after arrest are Sheriff's expenses and rank in priority over other claims.

18 Jan 2023

The case involves an interim application filed by crew members (Applicant Nos. 1 to 44) and the P&I Correspondent (Applicant No. 45) seeking to treat ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of Seaman for Unauthorized Absence. Petitioner failed to report back after medical disembarkation and did not respond to show-cause notice, leading to valid closure of service under SCI Standing Orders.

27 Jun 2022

The petitioner, Rajiv Singh, joined the Shipping Corporation of India Ltd. as a Cadet in 1975 and was promoted to 3rd Officer by 1979. On 23 June 2001...

High Court

Bombay High Court Partly Allows Appeal in Seafarer's Compensation Case, Upholds Entitlement Under Employees' Compensation Act but Denies TCC Agreement Claim. Court holds that compensation under the Employees' Compensation Act, 1923 is the statutory minimum and cannot be substituted by a contractual claim under a TCC agreement unless expressly provided.

19 Jan 2022

The appellant, Mosa Anand Rajulu, was employed as an Ordinary Seafarer with respondent No. 1, M/s. V. Ships Monaco, on board MV DT PROVIDENCE. On 30 M...

High Court

Bombay High Court Allows Seafarer's Wage Claim Against Vessel in Admiralty Suit — Wages for Chief Engineer on Two Vessels Held to be Maritime Lien with Priority Over Other Claims Under Merchant Shipping Act, 1958. Seafarer's claim for unpaid wages and statutory compensation under Section 129 of the Merchant Shipping Act, 1958 constitutes a maritime lien with high priority, recoverable from sale proceeds of the vessel.

5 Jul 2019

The plaintiff, Jagdish Singh Bhadauria, a seafarer and Chief Engineer, filed an admiralty suit against the vessel Bharati S (IMO 8122103) and the Offi...

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